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Kemper v. State

The evidence supported defendant's armed robbery conviction, even though he rejected the victim's offer of cash before he forced the victim into the trunk of his automobile, because the evidence also showed that the victim placed money in the trunk before escaping and that no money was recovered.

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A jury found Dione B. Kemper guilty of armed robbery, hijacking a motor vehicle, aggravated assault, and possession of a firearm during the commission of a crime. The court sentenced Kemper to 25 years confinement. On appeal Kemper challenges the sufficiency of the evidence to sustain his armed robbery conviction, and argues that his aggravated assault conviction should have merged with either his hijacking or armed robbery convictions. We affirm.

The evidence showed that Kemper approached the victim in a parking lot as he entered his vehicle. Kemper opened the passenger’s side door of the victim’s vehicle and sat down with a gun on his lap. Kemper then ordered the victim to open the trunk and to walk to the back of the vehicle. When the victim failed to do as instructed, Kemper took the victim’s keys and opened the trunk. The victim then took money out of his pocket, asked Kemper to “please just take the money, take the car. . . .,” and laid the money inside the trunk. Kemper responded “no, get in the trunk,” and pointed the gun at the victim. The two men then struggled, the gun fired, and the victim ran. Officers later found the gun and the victim’s keys several blocks away, but found no money.

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